senate Bill S6976

2011-2012 Legislative Session

Exempts veteran disability payments from the income of persons sixty-five years of age or over entitled to a real property tax exemption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.923
Apr 18, 2012 referred to aging

Votes

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May 30, 2012 - Aging committee Vote

S6976
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Aging committee vote details

Aging Committee Vote: May 30, 2012

excused (1)

S6976 - Bill Details

See Assembly Version of this Bill:
A2277
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467, RPT L

S6976 - Bill Texts

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Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.

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BILL NUMBER:S6976

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the senior citizen
exemption
and
veteran disability compensation

PURPOSE OR GENERAL IDEA OF BILL:
This bill deducts veterans' disability compensation used to calculate
senior citizen real property tax exemptions.

SUMMARY OF SPECIFIC PROVISIONS:
Paragraph (a) of subdivision 3 of section 467 of the Real Property Tax
Law would be amended to eliminate veterans' disability compensation
for purposes of determining income eligibility for the senior citizen
exemption. Section one of the bill is a technical amendment
incorporating a prior amendment to the paragraph.

JUSTIFICATION:
Disabled United States armed forces members cannot
deduct compensation payments for injuries received in war from their
income when applying for the senior citizen exemption, but people
that were not even citizens of this country during the war can take
deductions for compensation received as a result of war. This bill
attempts to create equity with respect to both classes of applicants
for the senior citizen tax exemption.

PRIOR LEGISLATIVE HISTORY:
Same as A.2277

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately upon enactment and applies to assessment
rolls commencing after the following January 1st; the technical
amendment contained in Section one of the bill shall be deemed to
have been in effect since September 9, 2003.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6976

                            I N  S E N A T E

                             April 18, 2012
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the real property tax law, in  relation  to  the  senior
  citizen exemption and veteran disability compensation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 3 of section 467 of  the  real
property  tax  law,  as  amended  by chapter 259 of the laws of 2009, is
amended to read as follows:
  (a) if the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the  date  of
making  application  for  exemption  exceeds  the  sum of three thousand
dollars, or such other sum not less than three thousand dollars nor more
than twenty-six thousand dollars beginning July first, two thousand six,
twenty-seven thousand dollars beginning July first, two thousand  seven,
twenty-eight  thousand dollars beginning July first, two thousand eight,
and twenty-nine thousand dollars  beginning  July  first,  two  thousand
nine,  as  may  be  provided  by  the local law, ordinance or resolution
adopted pursuant to this section. Income tax year shall mean the  twelve
month  period  for  which  the  owner or owners filed a federal personal
income tax return, or if no such return is  filed,  the  calendar  year.
Where  title is vested in either the husband or the wife, their combined
income may not exceed such sum, except where the  husband  or  wife,  or
ex-husband or ex-wife is absent from the property as provided in subpar-
agraph  (ii)  of paragraph (d) of this subdivision, then only the income
of the spouse or ex-spouse residing on the property shall be  considered
and  may  not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from  the  sale
or  exchange  of  a capital asset which may be offset by a loss from the
sale or exchange of a capital asset in the same  income  tax  year,  net
rental  income, salary or earnings, and net income from self-employment,
but shall not include a return of capital, gifts, inheritances,  VETERAN
DISABILITY  COMPENSATION,  AS  DEFINED  IN TITLE 38 OF THE UNITED STATES
CODE, payments made to individuals because of their status as victims of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00255-01-1

S. 6976                             2

Nazi persecution, as defined in P.L. 103-286 or  monies  earned  through
employment in the federal foster grandparent program and any such income
shall  be  offset by all medical and prescription drug expenses actually
paid  which were not reimbursed or paid for by insurance, if the govern-
ing board of a municipality, after a public hearing, adopts a local law,
ordinance or resolution providing therefor.   Furthermore,  such  income
shall  not  include the proceeds of a reverse mortgage, as authorized by
section six-h of the banking law, and sections two  hundred  eighty  and
two  hundred  eighty-a of the real property law; provided, however, that
monies used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends  realized  from
the  investment of reverse mortgage proceeds shall be considered income.
The provisions of this paragraph notwithstanding, such income shall  not
include  veterans disability compensation, as defined in Title 38 of the
United States Code provided the governing board  of  such  municipality,
after  public  hearing,  adopts  a  local  law,  ordinance or resolution
providing therefor.  In computing net rental income and net income  from
self-employment  no  depreciation  deduction  shall  be  allowed for the
exhaustion, wear and tear of real or  personal  property  held  for  the
production of income;
  S  2.  This act shall take effect immediately and shall apply to those
assessment rolls having a taxable status date on or after January  first
of  the  year  next  succeeding the year in which it shall have become a
law.

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